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District Court Rules

Schedule: B - Forms in criminal proceedings

Form: 33.12 Order Increasing — The Amount To Be Paid / The Amount Of (An) Instalments) Payable / The Number Of Instalments Payable Under A Compensation Order (By A Parent Or Guardian) - Criminal Justice Act, 1993 section 6 (8) (B) Children Act, 1908 section 99

No. 33.12

O.33, r.4 (3)

Criminal Justice Act, 1993

Section 6 (8) (B)

Children Act, 1908

Section 99

Order Increasing —

* The Amount To Be Paid

* The Amount Of (An) Instalments) Payable

* The Number Of Instalments Payable Under A Compensation Order (By A Parent Or Guardian)


District Court Area of

District No.

............. Applicant and Injured Party of ..........

............ Convicted Person

(child/young person)

and .............. Parent/Guardian and Respondent

both of .................

WHEREAS the above-named convicted person is a *child *young person within the meaning of the Children Acts, 1908 to 1989 and above the age of seven years, and the above-named respondent is the *parent *guardian of the said person, AND

WHEREAS ON CONVICTION of the said person on the ... day of ........ 19 ... of an offence, THE COURT MADE A COMPENSATION ORDER under section 6 (1) of the Criminal Justice Act, 1993 and section 99 of the Children Act, 1908 ordering the said *parent *guardian to pay the sum of £ as compensation to the above-named injured party who suffered *personal injury *loss resulting from *(that offence) *(an offence taken into consideration in determining sentence) and directing that such compensation be paid *(in one payment) *(by .................... consecutive *weekly *monthly instalments of £... each and a final balance of £... , the first of such instalments to be paid on the .... day of ..... 19.... ,)

NOW THE COURT, on the application of the injured party for an order under section 6 (8) (b) of the said Act of 1993,

being satisfied that notice of the application was duly served upon the said *parent *guardian having heard the evidence given herein,

*(having regard to the representations made by or on behalf of the *parent *guardian, on the issue,) and

it appearing that—

because of a substantial increase in the means of the *parent *guardian, his/her means are sufficient for the purposes of this order, and

any increased amount to be paid under this order would not exceed

*(the amount of the damages that the injured party would be entitled to recover in a civil action against the convicted person in respect of the said *injury *loss,)

*(the amount prescribed for the time being by law as the limit of the Court's jurisdiction in tort, that is to say £ ,)

[whichever is lesser]

HEREBY ORDERS pursuant to section 6 (8) (b) of the said Act of 1993 and section 99 of the said Act of 1908—

*(that the amount of compensation ordered to be paid by the said *parent *guardian to the injured party under the said compensation order be increased from £ to £ ,)

*(that the amount/number of the instalments payable by the said *parent *guardian to the injured party under the said compensation order be increased as follows:-

...... ,)

AND DIRECTS that all payments made under this order shall be made to the

District Court Clerk,

District Court Office,

.....................

for transmission to the injured party.

Dated this ... day of ........ 19....

Signed ..........................

Judge of the District Court

*Delete words inapplicable